(a) This recommendation responds to proposals to amend statutes that govern venue in actions against the United States, its agencies, and its officials. It calls for two limited changes: (1) amendment of the district court transfer provision, 28 U.S.C. 1404(a), to provide explicitly that intervenors may request a change of venue, and (2) addition of a provision...
- Recommendation number: 76-4
- Adopted on: December 10, 1976
- Tags: Clean Air Act (CAA), Congress, Federal Water Pollution Control Act (Clean Water Act), Judicial Review, Venue
The Congress has enacted provisions for judicial review in the Clean Air Act and the Federal Water Pollution Control Act (FWPCA) that are in some respects inconsistent, incomplete, ambiguous, and unsound.
Courts have sometimes felt constrained to stretch these statutes to achieve sensible results. ln other instances, courts seem to have ignored...
The size and complexity of the Federal Government, coupled with the intricate and technical law concerning official capacity and parties defendant, have given rise to innumerable cases in which a plaintiff’s claim has been dismissed because the United States or one of its agencies or officers lacked capacity to be sued, was improperly identified, or could not be joined as a...